3.9 Title IX Policies and Procedures
Title IX Policies and Procedures
Sexual Misconduct Policy
Effective August 31 , 2022
Policy Statement
Piedmont University (“Piedmont” or the “University”) has
policies and procedures in place regarding the receipt, investigation, and
resolution of complaints of discrimination, including sex and gender identity
discrimination. The University has enacted this Sexual Misconduct Policy (the
“Policy”) to reflect and maintain its institutional values and community
expectations, to provide for fair and equitable procedures for determining when
this Policy has been violated, and to provide recourse for individuals and the
community in response to violations of this Policy.
I. Title IX
Non-Discrimination Policy
This Policy prohibits all forms
of sexual harassment and discrimination, gender-based, harassment and
discrimination, and sexual assault, domestic violence, dating violence, and
stalking. This Policy also prohibits retaliation against a person who reports,
complains about, or who otherwise participates in good faith in any matter
related to this Policy. All of the foregoing conduct shall be referred to as
“Prohibited Conduct.”
It is the policy of Piedmont
University not to discriminate in its educational programs, activities, or
employment on the basis of sex, gender identity, sexual orientation, physical
or mental disability, pregnancy, race, age, religion, color, national or ethnic
origin, veteran status, genetic information, or any other category protected by
applicable federal, state, or local laws.
Piedmont University does not
discriminate on the basis of sex in its educational, extracurricular, athletic,
or other programs or in the context of employment. Sex discrimination is
prohibited by Title IX of the Education Amendments of 1972, a federal law that
provides:
No person in the United States
shall, on the basis of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any education program or
activity receiving Federal financial assistance.
Sexual harassment is also
prohibited under Title IX and Title VII of the Civil Rights Act of 1964, and
other applicable statutes. This Policy prohibits sexual harassment against
Piedmont community members of any sex in the context of education or
employment. This Policy also prohibits gender-based harassment that does not
involve conduct of a sexual nature. Sexual harassment cases involving two
employees will be handled through the Title IX process or Title VII of the
Civil Rights Act depending on the alleged Prohibited Conduct.
Upon receipt of a Formal
Complaint, the University will take prompt and equitable action to eliminate
the Prohibited Conduct (if any), prevent its recurrence, and remedy its
effects. In addition, the University will fulfill its obligations under the
Violence Against
Women Reauthorization Act of
2013 (“VAWA”) amendments to the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (“Clery Act”) in
response to reported Prohibited
Conduct. Students, employees, or third parties who are found to have violated
this Policy may face disciplinary action up to and including expulsion (students)
or termination of employment or contractual relationship (employees or
third-party contractors).
II. Scope of Policy
This Policy applies to all
reports of Prohibited Conduct formally reported on or after the effective date
of this Policy. The date of formal reports that precedes the effective date
shall use the Policy in existence at the time of the report. At the time of
adoption of the revised Policy, the process under the revised Policy will
apply.
When used in this Policy,
“Complainant” refers to an individual who is alleged to be the victim of
conduct that could constitute sexual harassment. “Respondent” refers to an
individual who has been reported to be the perpetrator of conduct that could
constitute sexual harassment. A “Third-Party” refers to any other participant
in the process, including a witness or an individual who makes a report on
behalf of a Complainant.
The process begins with a
Formal Complaint filed by a Complainant or signed by the Title IX Coordinator
alleging sexual misconduct against a Respondent and requesting that the
University investigate the allegation of sexual misconduct.
At the time of filing a Formal
Complaint, a Complainant must be participating in or attempting to participate
in the education program or activity of the University.
A possible violation of the
Sexual Misconduct Policy is handled through an administrative process. A
Complainant may also pursue criminal or civil legal recourse concurrently. One
is not dependent upon another.
1.
Persons Covered by the Policy
This Policy applies to all
Piedmont community members, including students, faculty, administrators, staff,
volunteers, vendors, contractors, visitors, and individuals regularly or
temporarily employed, conducting business, studying, living, visiting, or
having any official capacity with the University or on its property.
2.
Locations Covered by the Policy
a.
This Policy applies to the University’s educational
programs or activities which includes locations, events, or circumstances over
which the University exercises substantial control over both the Complainant
and Respondent and the context in which the sexual harassment occurs.
b.
On-Campus Conduct.
c.
This Policy applies to conduct that occurs on-campus,
including conduct which occurs on property owned or controlled, leased, or
managed by the University. Policy also applies to any building owned or
controlled by a student organization that is officially recognized by the
University.
d.
University Programs.
e.
This Policy applies to conduct that occurs in the
context of University employment or education programs or activities,
including, but not limited to, internship programs or Athletic travel.
f.
Off-Campus Conduct.
g.
This Policy applies to all conduct that occurs on
University premises and at University-sponsored activities. The University also
has the discretion to discipline a student for conduct that occurs off campus,
if that conduct adversely affects the Piedmont community and/or the pursuit of
its objectives. The Vice President for Student Life and Leadership, in their
sole discretion and on a case-by-case basis, decides whether campus proceedings
should be initiated against a student for conduct occurring off campus and
refer to the appropriate office.
III. Definitions
This section defines specifically
prohibited types of conduct based on sex or gender including sex or
gender-based harassment and discrimination and sexual misconduct.
1.
Sexual Harassment means conduct on the basis of sex
that satisfies one or more the following points:
a.
An employee of the University conditioning the
provision of an aid, benefit, or service of the University on an individual’s
participation in unwelcome sexual conduct (also known as Quid Pro Quo
harassment)
b.
Unwelcome conduct determined by a reasonable person to
be so severe, pervasive, and objectively offensive that it effectively denies a
person equal access to the University’s education program or activity. (also
known as Hostile Environment)
c.
Sexual Assault (defined below); or Dating Violence
(defined below); or Domestic Violence (defined below) or Stalking (defined
below).
Both women and men may be
sexually harassed. Sexual harassment may occur between males and females and
between persons of the same gender. Both subordinates and co- workers may be
victims of sexual harassment. While a co-worker does not have the direct
ability to hire or fire another co-worker, the person may influence a job
evaluation or create an intolerable working environment which may be handled
through the Title IX process or Title VII of the Civil Rights Act.
Sexual harassment may be
physical and/ or verbal in nature. Conduct that may be considered sexual
harassment include, but is not limited to the following examples of Sexual
Harassment:
i.
Unwanted sexual advances or comments
ii.
Inappropriate or unwelcome touching of a person’s body
iii.
Implied or overt threats of punitive employment or
academic actions as a result of rejection of sexual advances
More subtle incidents may also
be considered sexual harassment. Examples of more subtle sexual harassment
include, but, are not limited to the following:
i.
Sending sexually-oriented texts, emails, or voice mails
ii.
Sexual jokes
iii.
Repeatedly asking for a date when the person has
declined
iv.
Display of sexually-oriented cartoons, objects, posters
v.
Indirect sexual innuendo such as voice inflection when
complimenting appearance or gazing at parts of the body other than the face
2.
Gender-Based Harassment means harassment based on sex,
gender identity, or gender expression, which may include acts of aggression,
intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To
qualify as Gender-Based Harassment, the conduct need not involve conduct of a
sexual nature.
Harassing conduct can take many
forms. The determination of whether an environment is hostile is based on the
totality of the circumstances, including but not limited to:
a.
The frequency of the conduct;
b.
The nature and severity of the conduct;
c.
Whether the conduct was physically threatening;
d.
The effect of the conduct on the Complainant’s mental
or emotional state, with consideration of whether the conduct unreasonably
interfered with the Complainant’s educational or work performance and/or
University programs or activities;
e.
Whether the conduct was directed at more than one
person;
f.
Whether the conduct arose in the context of other
discriminatory conduct; and
g.
Whether the conduct implicates concerns related to
academic freedom or protected speech.
A single isolated incident may
create a hostile environment if the incident is sufficiently severe,
particularly if the conduct is physical.
3.
Sexual Assault means an offense classified as a
forcible or non-forcible sex offense under the uniform crime reporting system
of the Federal Bureau of Investigation, as defined in 20 U.S.C.
1092(f)(6)(A)(v). Sexual intercourse includes vaginal or anal penetration,
however slight, with a body part (e.g., penis, tongue, finger, hand) or object,
or oral penetration involving mouth to genital contact.
4.
Crime Definitions from the National Incident-Based
Reporting System (NIBRS) User Manual (From the Federal Bureau of Investigation
Uniform Crime Reporting Program Sex Offenses)
a.
Fondling - The touching of the private body parts of
another person for the purpose of sexual gratification, without the consent of
the victim, including instances where the victim is incapable of giving consent
because of his/her age or because of his/her temporary or permanent mental
incapacity.
b.
Forcible – Any sexual act directed against another
person, without the consent of the victim including instances where the victim
is incapable of giving consent.
c.
Forcible Rape (Except Statutory Rape – The carnal
knowledge of a person, forcibly and/or against that person’s will or not forcibly
or against the person’s will in instances where the victim is incapable of
giving consent because of his/her temporary or permanent mental or physical
incapacity.
d.
Forcible Sodomy – Oral or anal sexual intercourse with
another person, forcibly and/or against that person’s will or not forcibly or
against the person’s will in instances where the victim is incapable of giving
consent because of his/her youth or because of his/her temporary or permanent
mental or physical incapacity.
e.
Incest - Sexual intercourse between persons who are
related to each other within the degrees wherein marriage is prohibited by law.
f.
Sexual Assault with an Object – To use an object or
instrument to unlawfully penetrate, however slightly, the genital or anal
opening of the body of another person, forcibly and/or against that person’s
will or not forcibly or against the person’s will in instances where the victim
is incapable of giving consent because of his/her youth or because of his/her
temporary of permanent mental or physical incapacity.
g.
Sex Offenses, Nonforcible (Except Prostitution
Offenses) Unlawful, nonforcible sexual intercourse.
h.
Statutory Rape - Sexual intercourse with a person who
is under the statutory age of consent. (https://www.law.cornell.edu/cfr/text/34/appendix-A_to_subpart_D_of_part_668)
5.
Domestic Violence includes felony or misdemeanor crimes
of violence committed by a current or former spouse or intimate partner of the
victim, by a person with whom the victim shares a child in common, by a person
who is cohabitating with or has cohabitated with the victim as a spouse or
intimate partner, by a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the jurisdiction receiving grant
monies, or by any other person against an adult or youth victim (ages 11-24)
who is protected from that person’s acts under the domestic or family violence
laws of the jurisdiction. [34 USC 12291(a)(8)]
6.
Dating Violence means violence committed by a person
who is or has been in a social relationship of a romantic or intimate nature
with the victim; and where the existence of such a relationship shall be
determined based on a consideration of the following factors:
a.
The length of the relationship.
b.
The type of relationship.
c.
The frequency of interaction between the persons
involved in the relationship.
d.
[34 USC 12291(a)(10)]
7.
Stalking means engaging in a course of conduct directed
at a specific person that would cause a reasonable person to:
a.
fear for his or her safety or the safety of others; or
b.
suffer substantial emotional distress. [34 USC
12291(a)(30)]
IV. Retaliation
No recipient (the University) or other person may
intimidate, threaten, coerce, or discriminate against any individual for the
purpose of interfering with any right or privilege secured by Title IX or this
part, or because the individual has made a report or complaint, testified,
assisted, or participated or refused to participate in any manner in an
investigation, proceeding, or hearing under this part.
Intimidation, threats, coercion, or discrimination,
including charges against an individual for code of conduct violations that do
not involve sex discrimination or sexual harassment, but arise out of the same
facts or circumstances as a report or complaint of sex discrimination, or a
report or formal complaint of sexual harassment, for the purpose of interfering
with any right or privilege secured by Title IX or this part, constitutes
retaliation.
Charging an individual with a code of conduct violation
for making a materially false statement in bad faith in the course of a
grievance proceeding under this part does not constitute retaliation prohibited
under paragraph (a) of this section, provided, however, that a determination
regarding responsibility, alone, is not sufficient to conclude that any party
made a materially false statement in bad faith.
The University will take immediate and responsive action
to any report of retaliation and will pursue disciplinary action as
appropriate. An individual reporting Prohibited Conduct is entitled to
protection from any form of retaliation following a report that is made in good
faith, even if the report is later not proven.
V. Additional
Policy Definitions
This section defines other terms used within the Policy
that are not previously defined as Prohibited Conduct.
1.
Advisor for
the purposes of this Policy means any person of the Respondent or the
Complainant’s choosing to serve as the Advisor for the Title IX process. This
person may be an attorney, but does not have to be. The Advisor has specific
responsibilities and requirements for participation in the process which are
outlined in the section on Rights of the Respondent and Complainant. .
2.
Business Day(s) refers to a Business
Day or Business Days in which the University is open for business. This is
generally Monday through Thursday, from 8:00 a.m. until 5:00 p.m. and Friday,
from 8:00 a.m. until 2:00 p.m. and excludes weekends, holidays, designated
closures including but not limited to weather delays and closures.
3.
Consent for
the purposes of this Policy means that agreement to an activity is knowingly
and freely given and communicated, through words or actions, to create a mutual
understanding regarding the conduction of sexual activity.
Elements of consent include; but
are not limited to:
a.
Consent is not valid when it involves:
i.
Physical force, threats, or intimidation;
ii.
Minors under the age of consent,
iii.
Persons whose mental disabilities prohibit sound
judgment;
iv.
Persons physically or mentally incapacitated, either
voluntarily or involuntarily, as a result of alcohol or other drug consumption;
and
v.
Individuals who are unconscious, unaware, or otherwise
physically incapacitated.
b.
Silence cannot be interpreted as consent.
c.
Lack of consent may also be communicated through the
use of non-verbal expressions or actions indicating resistance.
d.
Consent may be withdrawn at any time.
e.
Past consent to sexual activity with another person
does not imply ongoing future consent with that person or consent to that same
sexual activity with another person.
f.
Whether a person has taken advantage of a position of
influence over another person may be a factor in determining consent.
4.
Force means
the use or threat of physical violence to overcome an individual’s freedom of
will to choose whether or not to participate in sexual activity or provide
consent. Consent obtained by force is not valid.
For the use of force to be
demonstrated, there is no requirement that a Complainant resist the sexual
advance or request. However, evidence of resistance by the Complainant will be
viewed as a clear demonstration of a lack of consent.
5.
Coercion
means the improper use of pressure to compel another individual to initiate or
continue sexual activity against that individual’s will. Consent cannot be
obtained through coercion.
Coercion can include a wide range
of behaviors, including intimidation, manipulation, threats, and blackmail. A
person’s words or conduct are sufficient to constitute coercion if they
wrongfully impair another individual’s freedom of will and ability to choose
whether or not to engage in sexual activity.
a.
Examples of coercion include, but are not limited to:
i.
Threatening to out someone based on sexual orientation,
gender identity, or gender expression or
ii.
Threatening to harm oneself if the other party does not
engage in the sexual activity. Or
iii.
When someone indicates, verbally or physically, that
they do not want to engage in a particular sexual activity, that they want to
stop a particular activity, or that they do not want to go past a certain point
of sexual interaction, continued activity or pressure to continue beyond that
point can be coercive.
b.
The University will evaluate the following in
determining whether coercion was used:
i.
The frequency of the application of pressure,
ii.
The intensity of the pressure,
iii.
The degree of isolation of the person being pressured,
and
iv.
The duration of the pressure.
6.
Incapacitation means a physical or mental state
in which an individual cannot make an informed and rational decision to engage
in sexual activity because of a lack of conscious understanding of the fact,
nature, or extent of the act (e.g., to understand who, what, when, where, why,
or how of the sexual interaction) and/or is physically helpless. Examples of
incapacitation include, but are not limited to, individuals who:
a.
Are asleep; or
b.
Are unconscious; or
c.
Are unaware that sexual activity is occurring; or
d.
Cannot understand the nature of the activity or communicate
due to a mental or physical condition; or
e.
Are under the influence of alcohol, drugs or other
medication. Consumption of alcohol or other drugs alone is insufficient to
establish incapacitation.
The impact of alcohol and drugs varies from person to person, and evaluating
incapacitation requires an assessment of how the consumption of alcohol and/or
drugs impacts an individual’s:
i.
Decision-making ability;
ii.
Awareness of consequences;
iii.
Ability to make informed judgments; or
iv.
Capacity to appreciate the nature and the quality of
the act;
It shall not be a valid excuse
that the Respondent believed that the Complainant affirmatively consented to
the sexual activity if the Respondent knew or reasonably should have known that
the Complainant was unable to consent to the sexual activity under any of the
following circumstances: (a) the Complainant was asleep or unconscious; (b) the
Complainant was incapacitated due to the influence of drugs, alcohol, or
medication, so that the Complainant could not understand the fact, nature, or
extent of the sexual activity; (c) the Complainant was unable to communicate
due to a mental or physical condition.
Whether the Respondent
reasonably knew or should have known that the Complainant was incapacitated
will be evaluated using an objective reasonable person standard. The fact that
the Respondent was actually unaware of the Complainant’s incapacity is
irrelevant to this analysis. In particular, consent could not occur when:
i.
The Respondent failed to appreciate the Complainant’s
incapacitation or;
ii.
· The Respondent failed to take reasonable steps to
determine the Complainant’s incapacitation or;
iii.
· The Respondent’s own incapacitation (from alcohol or
drugs) caused the Respondent to misjudge the Complainant’s incapacity.
It is the responsibility of
each Party to be aware of the intoxication level of the other party before
engaging in sexual activity. In general, sexual activity while under the
influence of alcohol or other drugs poses a risk to all Parties. If there is
any doubt as to the level or extent of the other individual’s intoxication, it
is safest to forgo or cease any sexual contact or activity.
Being intoxicated by drugs or
alcohol is no defense to any violation of this Policy and does not diminish
one’s responsibility to obtain consent.
7.
Privacy means that information related to a
report of Prohibited Conduct will only be shared with a limited circle of
individuals who “need to know” in order to assist in the assessment,
investigation, or resolution of the report. While not bound by confidentiality,
these individuals will be discreet and respect the privacy of all individuals
involved in the process to the extent permitted by law.
The University is committed to
protecting the privacy of all individuals involved in the investigation and
resolution of reports and Formal Complaints under this Policy. The University
also is committed to assisting students, employees, and third Parties in making
informed choices. With respect to any report or Formal Complaint under this
Policy, the University will make reasonable efforts to protect the privacy of
participants, in accordance with applicable state and federal law, while
balancing the need to gather information to take steps to eliminate Prohibited
Conduct, prevent its recurrence, and remedy its effects.
8.
Confidentiality means that information shared by
an individual with designated campus or community professionals will not be
revealed to any other individual without the expressed permission of the
individual.
An individual who seeks
confidential assistance may do so by speaking with professionals who have a
legally protected confidentiality. (See the section on Resources for how to
report confidentially.)
9.
Official with Authority means any official of
the University who has authority to institute corrective measures on behalf of
the University. Piedmont University has designated the following positions as
Officials with Authority:
a.
President of the University
b.
Vice President of Academic Affairs
c.
Vice President for Student Life & Leadership
d.
Title IX Coordinator
e.
Deputy Title IX Coordinator(s)
10.
Responsible Employee means any employee with the
obligation to report sexual harassment or the responsibility to inform a
student how to report sexual harassment. The University requires that all
Responsible Employees share any report of misconduct with the Title IX
Coordinator.
a.
Responsible Employee is anyone who:
i.
Has the duty to report to appropriate University
officials sexual harassment or any other misconduct by students or employees;
or
ii.
A student could reasonably believe has the
responsibility to assist them. All University employees who do not have legally
protected confidentiality are considered Responsible Employees. The mere
ability or obligation to report sexual harassment or to inform a student about
how to report sexual harassment, or having been trained to do so, does not
qualify an individual as one who has authority to institute corrective measures
on behalf of the University.
iii.
A Responsible employee is any employee with supervisory
or leadership responsibilities on campus, including, but not limited to, all
faculty (full time, part time, and adjunct) Athletic staff (coaches, assistant
coaches, trainers, and athletic administrators), administrators (those with
responsibilities for administering a program or service); staff members,
including SAIL Navigators, MANE Leaders, and Resident Assistants.
11.
Complainant means an individual who is alleged
to be the victim of conduct that could constitute sexual harassment. (§106.30)
12.
Respondent means an individual who has been
reported to be the perpetrator of conduct that could constitute sexual
harassment. (§106.30)
13.
Third-Party refers to any other participant in
the process, including a witness or an individual who makes a report on behalf
of a Complainant.
14.
Formal Complaint means a document filed by a
complainant or signed by the Title IX Coordinator alleging sexual harassment
against a respondent and requesting that the University investigate the
allegation of sexual harassment. (§106.30)
VI. Immunity for Victims
Piedmont University encourages the reporting of conduct
violations and crimes that occur on campus or against Piedmont students. A
victim might be hesitant to report a crime to a University official for fear of
being charged with a policy violation themselves (i.e., underage drinking at
the time of a sexual assault). It is in the best interest of the Piedmont
community that a victim of a crime report the incident to a University
official. To encourage reporting, Piedmont University offers victims of crimes,
and may offer those who assist victims of crimes, amnesty from University
policy violations related to the incident. Such amnesty is given at the
discretion of the Vice President for Student Life and Leadership or their
designee.
VII. Reporting Options and Resources
1.
On-Campus Reporting Options
The University strongly encourages all individuals to report any violation of
this Policy to the Title IX Coordinator or any University employee who is
designated as an Official with Authority. The University recommends that
individuals report Prohibited Conduct to any of the following offices or
individuals:
a.
Officials with Authority (See information above.)
b.
Responsible Employee (See information above.)
c.
The Title IX Coordinator or Deputy Coordinator (See
information below.)
d.
A Confidential Report (See information below.)
e.
Piedmont University Police (See information below.)
2.
Title IX Coordinator and Deputy Coordinators
Piedmont University has designated
the following individuals to serve in official capacity regarding Title IX
reporting. The University shall notify, at least annually, students, employees,
applicants for admission and employment, the name, title, office address,
e-mail address, and telephone number of the Title IX Coordinator. The
University shall prominently display on its website the contact information of
the Title IX Coordinator.
|
Name
|
Title IX Position
|
Office Location
|
|
Courtney Snow
|
Title IX Coordinator
|
Daniel Hall, Room 303D
|
|
Phone
|
Email
|
|
706-778-8500 X1504
|
csnow@piedmont.edu
titleix@piedmont.edu
|
|
Dr. Kimberly
Crawford
|
Title IX Position
|
Office Location
|
|
Deputy Title IX Coordinator
|
Student Commons 244
|
|
Phone
|
Email
|
|
706-778-8500 X1050
|
kcrawford@piedmont.edu
|
The Title IX
Coordinator, assisted by Deputy Coordinator, is responsible for the following:
a.
Ensuring Title IX compliance
b.
Assessing initial intake reports
c.
Knowledgeable in University policies and procedures
d.
Provides information about resources available to both
the Complainant and the Respondent
e.
Assigning appropriate investigators to individual cases
f.
Identifying the appropriate University policy to
resolve the complaint in a prompt and equitable manner
g.
Tracking and monitoring incidents of sex discrimination
and sexual misconduct
h.
Providing information on options for complaint
resolution
i.
Coordinating education and prevention efforts
j.
Reporting crimes to the Clery Administrator for
reporting in the Annual Security Report (ASR)
k.
Confidential Reporting on Campus
3.
Confidential Resources
The confidential resources
available to individuals on campus are:
|
Counselors
Keyla Stephens
Phone: 706-968-6847
Email: kstephens@piedmont.edu
Lisa Shurtleff
Phone: 706-778-8500 x1259
Email: lshurtleff@piedmont.edu
Sean Williamson
Phone: 706-778-8500 x1295
Email: swilliamson@piedmont.edu
|
Campus Minister
Rev. Tim Garvin-Leighton
Phone: 706-778-8500 X1179
Email: tleighton@piedmont.edu
|
These confidential resources
are not required by current Title IX law to report claims of sexual misconduct
without consent. A confidential report is required by state law to notify child
protective services and/or local law enforcement of suspected abuse of a minor
under the age of 18 years of age. Those in positions designated as Confidential
Reports may have a duty to report incidents of sexual misconduct for the
purposes of reporting numbers for the Annual Security Report (ASR) but are not
obligated to report the details of the incidents including the names of
potential complainants or respondents except as required by their license and
professional ethics.
4.
Law Enforcement Reporting Options On and Off
Campus
Complainants have the right to
notify or decline to notify law enforcement. The University strongly encourages
all individuals to seek assistance from law enforcement immediately after an
incident of Sexual Misconduct. This is the best option to ensure preservation
of evidence and to begin a timely investigative and remedial response. The
University will assist any Piedmont community member in securing a safe place
to go; assist in arranging for transportation to the hospital should the
Complainant need medical care or assistance.; and assist in coordination with
law enforcement, and information about on-campus and off-campus resources and
options for resolution.
Campus Police have officers on
duty twenty-four (24) hours a day. You may report crimes or other emergencies
by calling:
a.
Emergency Assistance: 911
b.
Local Dispatch (non-emergency): 706-754-7562
c.
Campus Police Office: 706-939-1349
5.
Off-Campus Confidential Reporting Options
VIII. Supportive Measures
Supportive Measures are
non-disciplinary services offered as appropriate, as reasonably available, and
without fee or charge to both the Complainant and the Respondent before or
after the filing of a Formal Complaint or where no Formal Complaint has been
filed. These Supportive Measures are designed to restore or preserve equal
access to the University’s education program or activity without unreasonably
burdening Complainant and Respondent, including measures designed to protect
the safety of all Parties or the University’s educational environment, or deter
sexual harassment. The University offers support to Complainants and
Respondents through access to the following services:
1.
Sample Supportive Measures for Students
a.
Access to counseling services on campus;
b.
Change in on-campus housing assignment and assistance
from University support staff in completing housing relocation;
c.
Provide academic support services, such as tutoring,
extensions of deadlines or other course-related adjustments, class schedules;
d.
Change in work schedule or job assignment;
e.
Mutual restrictions on contact between the parties;
f.
Provide information regarding off-campus services;
g.
Provide other Supportive Measures as appropriate.
2.
Sample Supportive Measures for Employees
a.
Modification of work schedule;
b.
Mutual restrictions on contact between the parties;
c.
Changes in work or on-campus housing locations;
d.
Leaves of absence;
e.
Increased security and monitoring of certain areas of
campus;
f.
Provide other Supportive Measures as appropriate.
g.
A Complainant or a Respondent may request a “No-Contact
Order” or other protection, or the University may choose to use Supportive
Measures at its discretion to ensure the safety of all Parties, the broader
University community, and/or the integrity of the process.
The University will maintain the privacy of any Supportive
Measures provided under this Policy to the extent practicable and will promptly
address any violation of the Supportive Measures put in place. All individuals
are encouraged to report concerns about failure of another individual to abide
by any restrictions imposed by a Supportive Measures. The University will take
immediate and responsive action to enforce a previously implemented restriction
if such restriction was violated.
IX. Emergency Removal
Nothing in this Policy precludes the University from
removing a Respondent from the University’s education program or activity on an
emergency basis, provided that the University undertakes an individualized
safety and risk analysis, determines that an immediate threat to the physical
health or safety of any student or other individual arising from the
allegations of sexual harassment justifies removal, and provides the Respondent
with notice and an opportunity to challenge the decision immediately following
the removal. This provision may not be construed to modify any rights under the
Individuals with Disabilities Education Act, Section 504 of the Rehabilitation
Act of 1973, or the Americans with Disabilities Act of 1990.
In the event that an Emergency Removal is enacted, the
Respondent has the opportunity to submit in writing a challenge to the
emergency removal. The challenge to the emergency removal must contain all
information, documentation, and evidence that the Respondent wants to have
considered in requesting to remain on campus. The Vice President for Student
Life & Leadership will receive the written materials and appoint an Appeals
Officer, either the Vice President for Academic Affairs or the Vice President
of Administration and Finance. The Appeals Officer is separate from
investigators, hearing panel members, and decision-makers. The Appeals Officer
will review all materials and determine if the Emergency Removal is in the best
interest of the Complainant and/or the Respondent and/or is in the best
interest of the safety of the campus community. The Appeal Officer’s decision
is final and binding regarding the Emergency Removal.
X. Administrative
Leave
Nothing in this Policy precludes the University from
placing a non-student employee Respondent on administrative leave during the
pendency of this process. This provision may not be construed to modify any
rights under Section 504 of the Rehabilitation Act of 1973 or the Americans
with Disabilities Act of 1990.
XI. Educational
Programming and Prevention
The University offers a variety of educational programs on
Sexual Misconduct aimed at prevention and awareness of sexual assault,
stalking, dating violence, and sexual harassment. Students are required to
complete an online course on Sexual Misconduct as well as an online course on
Alcohol upon entering the University. Other programming includes Sexual Assault
and Domestic Violence Awareness Week, Alcohol Awareness, Bystander Intervention
education, and Sexual Misconduct Information Sessions during orientation.
Employees are required to complete Sexual Misconduct Education online.
Piedmont University
Grievance Procedures for Resolving Allegations of Sexual Misconduct
General Information
The following outlines the procedures the University
follows in resolving allegations by a Complainant against a Respondent in
violation of the University’s Sexual Misconduct Policy. Complainant and
Respondent will be referred to collectively as the “Parties.” This is an
administrative process.
Situations in which both Complainant and Respondent are
employees of the University may be handled through the processes outlined in
the Employee Handbook or through the Title IX process depending upon the
alleged Prohibited Conduct.
The Office of Title IX, and the Title IX team, will
coordinate resolution of all reports of Prohibited Conduct defined in the
Piedmont University Sexual Misconduct Policy.
Prohibited Conduct
Not Based on Sex
Prohibited Conduct (discrimination, harassment or
retaliation) based on protected status other than sex (e.g., race, color, age,
disability, veteran status or other classification protected by federal or
state law or University policies) is prohibited by other University policies.
In the event of such complaints, the University will identify, based upon the
allegations, the appropriate office to coordinate resolution of the report.
Dismissal of Formal
Complaint
If the conduct alleged in the Formal Complaint would not
constitute sexual harassment as defined in this Policy even if proved, or did
not occur in the University’s education program or activity, or did not occur
against a person in the United States, then the University must dismiss the
Formal Complaint with regard to that conduct for purposes of sexual harassment
under this Policy. However, such a dismissal does not preclude action under
another provision of the University’s Code of Conduct for students.
The University may dismiss the Formal Complaint or any
allegations therein, if at any time during the investigation or hearing:
1.
A Complainant notifies the Title IX Coordinator in
writing that the Complainant would like to withdraw the formal complaint or any
allegations therein;
2.
The Respondent is no longer enrolled or employed by the
University; or
3.
Specific circumstances prevent the University from
gathering evidence sufficient to reach a determination as to the Formal
Complaint or allegations therein.
Upon dismissal of the Formal Complaint either required or
permitted, the University will promptly send written notice of the dismissal
and reasons for the dismissal simultaneously to each Party through email, the
University’s official means of communication. Either the Complainant or the
Respondent have the right to appeal the decision to dismiss a Formal Complaint.
Consolidation of
Formal Complaints
The University may consolidate Formal Complaints as to
allegations of sexual harassment against more than one Respondent, or by more
than one Complainant against one or more Respondents, or by one Party against
another Party, where the allegations of sexual harassment arise out of the same
facts or circumstances.
Rights of
Respondent and Complainant
1.
Right to be informed of the process and all available
options
2.
Right to be informed of resources
3.
Right to Supportive Measures
4.
Right to a timely investigation
5.
Right to an Advisor of choice
6.
Right to review report
7.
Right to appeal
Advisor
Both Complainant and Respondent have the right to have an
Advisor of their choice. It is the responsibility of the Complainant and
Respondent to communicate with the Advisor regarding allegations, times and
dates of meetings, hearings, outcomes and any other information regarding the
case. The Investigators, Title IX Coordinator and Deputy Coordinators will not
discuss the case with any Advisor. The Advisor may:
1.
Attend any meeting or hearing with the respective
Complainant or Respondent regarding the case, if invited by the respective
Complainant or Respondent
2.
May not participate directly in any meeting involving
the case
3.
May provide advice to the Complainant or the Respondent
he/she is advising through quiet conversation or written notes in any meeting
related to the case
4.
May be a member of the University community, but is not
required to be.
5.
May be an attorney, but, is not required to be.
6.
If a party does not have an advisor present at the Live
Hearing, the University must provide without fee or charge to that party, an
Advisor of the University’s choice, who may be, but is not required to be, an
attorney, to conduct cross- examination on behalf of that party. [§106.45
(b)(6) (i)]
Step by Step
Process
1.
Step by Step
Process
2.
Actual Knowledge
The Title IX grievance process
begins with Actual Knowledge. Actual knowledge means notice of sexual
harassment or allegations of sexual harassment to the University’s Title IX
Coordinator or any Official with Authority who has authority to institute
corrective measures on behalf of the University. [§106.30]. The actual
knowledge standard is not met when the only official of the University with
actual knowledge is the Respondent.
Actual Knowledge may come in the
form of a Formal Complaint.
3.
Intake meeting with Complainant
With or without a Formal
Complaint, the Title IX Coordinator must promptly contact the Complainant to
discuss the availability of Supportive Measures, consider the Complainant’s
wishes with respect to supportive measures, and explain to the Complainant the
process for filing a Formal Complaint.
a.
Address immediate physical safety and emotional
well-being needs
b.
Notify the Complainant of the right to contact law
enforcement and seek medical treatment (and the right to decline to do so), and
the importance of preservation of evidence
c.
Notify the Complainant of the right to be assisted by
individuals at the University in contacting law enforcement
d.
Notify the Complainant of confidential and
non-confidential reporting options on and off campus
e.
Provide the Complainant with information about:
i.
On and off campus resources, including counseling,
health, mental health, and victim advocacy;
ii.
The range of Supportive Measures and remedies,
including changes to academic, living, transportation, and/or working
situations, or other protective measures, which are available to the
Complainant and the Respondent regardless of whether the Complainant files a
Formal Complaint with the University or other action with local law
enforcement.
f.
Provide an overview of the procedural options and
process, including Informal Resolution and Formal Resolution. This overview
would include explanation that the Complainant will receive written notice of
the date, time, location, participants, and purpose of all hearings, investigative
interviews, or other meetings, with sufficient time for the Complainant to
prepare to participate.
g.
Explain that if, in the course of an investigation, the
University decides to investigate allegations about the Complainant or the
Respondent that are not included in the notice described above, the University
will provide notice of the additional allegations to the Parties.
h.
Provide notice of any provision in the University’s
Code of Conduct that prohibits knowingly making false statements or knowingly
submitting false information during the grievance process.
i.
Explain the right to object to the assignment of the
Title IX Coordinator, Deputy Title IX Coordinator or Investigators based on
bias or conflict of interest within 1 (one)Business Day of a decision to
proceed through the process;
j.
Explain that the student has a right to an Advisor of
their choice during the process;
k.
Assess for pattern of evidence or other similar conduct
if possible;
l.
Explain the University’s immunity/amnesty policy as published above in
this document;
m. Explain
the University’s policy prohibiting retaliation as listed above;
n.
Respondent is presumed not responsible for the alleged
conduct and any determination regarding responsibility is made at the
conclusion of the process;
o.
If the Title IX Coordinator dismisses the Formal
Complaint or any allegations therein, both Complainant and Respondent have the
right to appeal that decision.
At the Intake Meeting, the
Coordinator or Deputy Coordinator will provide the Complainant with the
above-listed information in writing. If the Intake Meeting is conducted by a
Deputy Coordinator, the meeting report will be submitted to the Coordinator for
consideration. As described in the Sexual Misconduct Policy, the Complainant
has the right to request that the Title IX Office not share the Complainant’s
name (or other identifiable information) with the Respondent, or that the Title
IX office take no formal action in response to the report. If the Complainant
makes such a request, the Coordinator will balance the request with their dual
obligation to provide a safe and nondiscriminatory environment for all
University community members, and to remain true to principles of fundamental
fairness that require the University to provide the Respondent with notice of
the allegations and an opportunity to respond before action is taken against
the Respondent.
The Coordinator will make this
determination consistent with the following considerations, namely:
a.
The seriousness of the conduct;
b.
The respective ages and roles of the Complainant and
the Respondent:
c.
Whether there have been other complaints or reports of
Prohibited Conduct against the Respondent; and
d.
The right of the Respondent to receive notice and
relevant information before disciplinary action is sought.
Should the Coordinator determine
that, in response to the Complainant’s request, the University can satisfy its
obligations to the Complainant, the University community members, and the
Respondent without proceeding through the process described here in, the
Coordinator has the discretion to do so.
Absent a request for
confidentiality as described above, the Coordinator or Deputy Coordinator will
interview the Complainant to gain a basic understanding of the reported
Prohibited Conduct. The interview will focus on key facts upon which the
Complainant bases the report (i.e., who, what, where, and when) to assess how
to proceed. At the conclusion of the Intake Meeting, and if the individual
wishes to move forward with a complaint, the Coordinator will make two
threshold determinations:
a.
Does the Complainant’s report state facts that, if
true, could constitute a violation of the University’s Sexual Misconduct
Policy?
b.
If yes, should the University proceed through Informal
Resolution?
c.
The Coordinator will make both threshold determinations
as soon as possible after the Intake Meeting with the Complainant and
communicate that finding in writing to the Complainant.
4.
Initial interview with Respondent
The University will provide
written notice to Respondent of the allegations of sexual harassment including
sufficient details known at the time and with sufficient time to prepare a
response before any initial interview.
The Title IX Coordinator or
Deputy Coordinator will schedule an initial interview with the Respondent and
to discuss the availability of Supportive Measures, consider the
Respondent’s wishes with respect
to supportive measures, and explain to the
Respondent the process for
resolving a Formal Complaint.
a.
Address immediate physical safety and emotional
well-being needs;
b.
Notify the Respondent of the right to contact law
enforcement and seek medical treatment (and the right to decline to do so), and
the importance of preservation of evidence;
c.
Notify the Respondent of the right to be assisted by
individuals at the University in contacting law enforcement;
d.
Notify the Respondent of confidential and
non-confidential reporting options on and off campus;
e.
Provide the Respondent with information about:
i.
On and off campus resources, including counseling,
health, mental health, and victim advocacy;
ii.
The range of Supportive Measures and remedies,
including changes to academic, living, transportation, and/or working
situations, or other protective measures, which are available to the
Complainant and the Respondent regardless of whether the Complainant files a
Formal Complaint with the University or other action with local law enforcement
f.
Provide an overview of the procedural options and
process, including Informal Resolution and Formal Resolution. This overview
would include explanation that the Complainant will receive written notice of
the date, time, location, participants, and purpose of all hearings,
investigative interviews, or other meetings, with sufficient time for the
Respondent to prepare to participate;
g.
Explain that if, in the course of an investigation, the
University decides to investigate allegations about the Complainant or the
Respondent that are not included in the notice described above, the University
will provide notice of the additional allegations to the Parties;
h.
Provide notice of any provision in the University’s
Code of Conduct prohibits knowingly making false statements or knowingly
submitting false information during the grievance process;
i.
Explain the right to object to the assignment of the
Title IX Coordinator, Deputy Title IX Coordinator or Investigators based on
bias or conflict of interest within 1 (one) Business Day of a decision to
proceed through the process;
j.
Explain that the student has a right to an Advisor of
their choice during the process;
k.
Assess for pattern of evidence or other similar conduct
if possible;
l.
Explain the University’s immunity/amnesty policy as
published above in this document;
m.
Explain the University’s policy prohibiting retaliation
as listed above in this document;
n.
Respondent is presumed not responsible for the alleged
conduct and any determination regarding responsibility is made at the
conclusion of the process;
o.
If the Title IX Coordinator dismisses the Formal
Complaint or any allegations therein, both Complainant and Respondent have the
right to appeal that decision.
5. Determining
Course of Resolution for the Grievance
As an alternative to Formal
Resolution, and only if the Coordinator determines that it is appropriate, the
Parties may choose to resolve complaints through Informal Resolution. Informal
Resolution must be mutually agreed upon in writing by both parties in any case.
Some complaints that allege
harassment may be appropriate for Informal Resolution. The purpose of an
Informal Resolution is to stop the inappropriate behavior. The process will not
be used to resolve allegations that an employee sexually harassed a student.
Sec. 106.45(b)(9). If the Coordinator determines that the Formal Complaint may
be resolved appropriately through informal resolution, the Coordinator will ask
the Complainant and the Respondent, separately, whether they would agree to
pursue resolution of the complaint informally. The parties must voluntarily
agree, in writing, to consent to use the Informal Resolution process. Any
resolution reached through an informal process will be confirmed in writing and
provided to the parties.
6. Informal
Resolution
An Informal Resolution process
cannot begin unless a Formal Complaint is filed. An individual who feels they
are being harassed may seek to resolve the matter informally. Examples of
informal ways to resolve a complaint of sexual harassment may include:
a.
A supervisor counsels the accused individual to stop
the alleged misconduct; or
b.
Confronting the harasser face to face; or
c.
Writing a letter to the harasser; or
d.
Requesting advice and/or intervention from a Title IX
Coordinator or third party.
The main purpose of the Informal
Resolution procedure is to stop the inappropriate behavior.
To proceed with Informal
Resolution, the University must provide the parties with written notice:
a.
Disclosing the allegations, and
b.
The requirements of the Informal Resolution process
including the circumstances under which the parties could be precluded from
resuming a Formal Resolution process arising from the same allegations; and
c.
That no party can be required as a condition of
enrollment or continuing enrollment, or employment or continuing employment, or
enjoyment of any other right, to waive their right to an investigation and
adjudication of a Formal Complaint.
Any Party (including the Title
IX Coordinator) may terminate the Informal Resolution process at any time up
until the Informal Resolution becomes binding. In that event, the Title IX
Coordinator will so notify the Parties in writing via official University email
and will describe next steps and timeframes for the Formal Resolution. If the
Parties reach agreement, the matter is closed. If not, the Parties will proceed
with Formal Resolution set forth in the section on Formal Resolution below.
At the conclusion of an Informal
Resolution, and upon receipt of official notification via University email, the
Complainant and the Respondent have 2 (two) Business Days to change their mind
about the resolution of the case. If either the Complainant or the Respondent
changes their mind regarding the agreed upon resolution, they must do so in
writing and submit it to the Title IX Coordinator. Should the Party’s request
not be received in writing (including electronically), or does not submit
within 2 (two) Business Days, the informal resolution will be considered final
and binding.
7. Formal
Resolution
A Formal
Resolution process cannot begin unless a Formal Complaint is filed. If the
Coordinator determines that the Complainant’s report must proceed through
Formal Resolution, the Coordinator will notify both Parties, in writing, of the
decision. The
Coordinator’s
written notification to the Respondent will state facts sufficient to apprise
the Respondent of the nature of the allegations, including, specifically:
a.
Complainant’s name
b.
Nature of the Report
c.
Specific policy violations (example: sexual assault,
sexual harassment, retaliation)
d.
Date of alleged policy violations
e.
Time of alleged policy violations
f.
Location of alleged policy violations
g.
Brief description of allegations
8. Investigation
All investigations will be
conducted in a timely and impartial manner. There may be temporary delays of
the process and limited extensions of time frame for good cause.
The Parties will be provided
written notice of the delay and reasons for such delay.
The Coordinator will select
trained investigators, either internal or external, to conduct a reasonable,
impartial, and prompt investigation of the complaint. The Coordinator will
select Investigators based on several factors, including:
a.
The Parties involved,
b.
The complexity of the complaint,
c.
The need to avoid any potential conflict of interest,
and who may best conduct a fair and equitable investigation for all Parties
involved.
The Coordinator will notify the
Parties, in writing, of the name of the designated Investigators at the time
the Coordinator issues the notice of a Formal Resolution process. Both Parties
will have 2 (two) Business Days to object to the Investigators selected on the
basis of bias or conflict of interest. If either of the Parties objects, the
Coordinator will evaluate whether the objection is substantiated. The Coordinator
will remove and replace any Investigator the Coordinator finds to have a bias
or conflict of interest against either Party. The Coordinator’s decision is
final and cannot be appealed.
The Investigators will commence
the investigation once the time for the Parties to object to the selected
investigators has expired or, if an objection is made, and the Coordinator
determines the objection is not substantiated, from the time the Coordinator
notifies the objecting party of the determination). The Investigators, in
consultation with the Coordinator, will establish a preliminary timeline and
process for conducting the investigation and report the timeline to the
Parties. The Parties will also be notified in writing of any delays and the new
timeline.
9. Step One:
Fact-Gathering
The Investigators will interview
both Parties and relevant witnesses, including fact and expert witnesses, and
gather documentary evidence provided by the Parties and any identified
witnesses. This evidence will include both inculpatory and exculpatory
evidence. The burden of gathering evidence sufficient to reach a determination
regarding responsibility rests on the University and not on the Parties.
The Investigators will prepare a
summary of each interview (“Interview Summary”). The Investigators will share
the Interview Summary with the interviewee. The interviewee will have the
opportunity to correct or comment on any statements made in the Interview
Summary.
If the interviewee has no
corrections to, or comments on, the Interview Summary, the interviewee will
sign an acknowledgement that the interviewee has reviewed and agrees that the
Interview Summary is accurate. If the interviewee has corrections or comments
to the Interview Summary, the interviewee may submit a written response
directly to the Investigators within 3 (three) Business Days reflecting any
additions or changes which the interviewee believes are necessary to ensure the
accuracy of the interviewee’s statement. If no response is received from the
interviewee, their Interview Summary may be included in the Investigative Title
IX report and will be presumed to be accurate. In all instances where the
Investigators include the Interview Summary as an exhibit to a report, the
Investigators will also include any response.
The Investigators may use, if
available, all of the following, but, are not limited to the following:
a.
Police Reports
b.
Video or Audio recordings
c.
Witness statements
d.
Campus Reports (scan logs, campus business, required
programs completed)
e.
All other appropriate reports, recordings, etc.
The University cannot access,
consider, disclose, or otherwise use a Party’s records that are made or
maintained by a physician, psychiatrist, psychologist, or other recognized professional
or paraprofessional acting in the professional’s or paraprofessional’s capacity,
or assisting in that capacity, and which are made and maintained in connection
with the provision of treatment to the Party, unless the University obtains
that Party’s voluntary, written consent.
10. Step Two:
Rebuttal Fact-Gathering
The Investigator may conduct
follow-up interviews with both Parties and witnesses based upon testimonial and
documentary evidence gathered during Initial Fact- Gathering. The Parties and
witnesses can expect that, in these follow-up interviews, the Investigator will
seek responses to specific allegations or evidence. To the extent additional
material, witnesses or evidence are identified during Rebuttal Fact-Gathering,
the Investigator will conduct additional interviews and gather additional
evidence.
Rebuttal Fact Gathering may be
repeated as necessary to ensure a complete gathering of evidence.
11. Step Three:
Preliminary Report
a.
The Investigators will prepare a Preliminary Report.
The Preliminary Report is a written summary of the evidence gathered in the
course of the Preliminary Investigation.
b.
The Investigators will state specific factual findings
in the Preliminary Report (e.g., “Complainant was incapacitated” or “Respondent
believed that Complainant was not incapacitated”).
c.
The standard for determining each factual finding is
Preponderance of Evidence standard. This standard of proof is that the evidence
presented during the investigation must be considered to be more likely than
not to be factual.
d.
The Investigators will not state ultimate findings as
to whether the Respondent
e.
has, or has not, violated one or more of the
University’s policies.
f.
The Investigators will attach as exhibits to the
Preliminary Report all Interview Summaries and any documentary evidence
gathered as part of the investigation that is directly related to the
allegations in the Formal Complaint, including any evidence upon which the
University does not intend to rely in reaching a determination regarding
responsibility and any inculpatory or exculpatory evidence whether obtained
from a Party or other source.
g.
When the Investigators determine that the Preliminary
Investigation is complete, the Investigators will submit the Preliminary Report
to the Coordinator. The Coordinator may require the Investigators to conduct
additional investigation; if so, the Investigators will conduct additional
investigation consistent with the procedures outlined above.
12. Step Four:
Notice of Preliminary Investigation Findings and Opportunity to Respond
a.
Once the Coordinator has agreed that the Preliminary
Investigation is complete, the Coordinator will provide the Preliminary Report
to the Parties and Advisor, if any, for review. Neither the Complainant nor the
Respondent (or their Advisors, including but not limited to family members
and/or legal counsel) may copy, remove, photograph, print, image, videotape,
record, or in any manner otherwise duplicate or remove the information
provided.
i.
The Parties may respond to the Preliminary Report; the
Parties will have ten (10) Business Days to submit any response of being
notified of their opportunity to review the report. The Parties may respond in
one or both of the following ways:
1.
The Parties may provide a written response to the Preliminary
Report, or any portion of it, including each Interview Summary. The
Investigators will consider any written response provided by the Parties in
preparing the Investigative Report.
2.
The Parties may submit a written request for additional
investigation. Such requests may include, but are not limited to, the
following:
a.
Request for follow-up interviews
b.
Requests for interviews with new witnesses
c.
Requests to consider new information
b.
If neither of the Parties requests additional investigation,
the Investigators will prepare the Final Investigative Report. If either (or
both) Parties request additional investigation, the Investigators will review
the request(s) in consultation with the Coordinator.
c.
The Investigators will conduct the requested additional
investigation if the Investigators, in consultation with the Coordinator,
determine that the request(s) will assist the Investigators in completing the
investigation.
d.
The Investigators and Coordinator will assess whether
investigation of the additional information requires a substantial deviation
from the recommended timeframe for completion of the investigation. If so, the
Coordinator will notify the Parties in writing with an anticipated revised
timeframe.
e.
If the Investigators conduct additional investigations,
the Investigator will prepare an Addendum to the Preliminary Report
(“Addendum”).
f.
The Investigators will submit the Addendum to the
Coordinator. The Coordinator may require the Investigators to conduct
additional investigation before the Addendum is complete.
13. Step Five:
Final Investigative Report
a.
The Investigators will prepare a Final Investigative
Report. The Final Investigative Report consists of the testimonial and
documentary evidence from the Preliminary Investigation, the Preliminary
Report, the Addendum (if applicable), and all of the Parties’ responses
throughout the Formal Resolution proceeding.
b.
When the Investigators are satisfied that the Final
Investigative Report is complete, the Investigators will submit the Final
Investigative. The decision-maker in the case is under an independent
obligation to evaluate objectively all relevant evidence and not defer to any
recommendations in the Final Investigative Report.
c.
The Coordinator will review the Final Investigative
Report.
d.
The Coordinator will provide to each Party and the
Party’s Advisor, if any, a copy of the Final Investigative Report in an
electronic or hard copy. Neither the Complainant nor the Respondent (or their
Advisors, including but not limited to family members and/or legal counsel) may
copy, remove, photograph, print, image, videotape, record, or in any manner
otherwise duplicate or remove the information provided.
e.
No sooner than 10 (ten) Business Days after sending the
Final Investigative Report, the Coordinator will meet individually with the
Complainant and the Respondent.
If both Parties wish to resolve
the case without an adjudication, the Coordinator can facilitate an Informal
Resolution of the Formal Complaint that does not necessitate a full
adjudication. The Parties must agree to this Informal Resolution in writing.
[106.45(b)(9)] At the conclusion of an Informal Resolution, and upon receipt of
official notification via University email, the Complainant and the Respondent
have 2 (two) Business Days to change their mind about the resolution of the
case. If either the Complainant or the Respondent changes their mind regarding
the agreed upon resolution, they must do so in writing and submit it to the
Title IX Coordinator. Should the Party’s request not be received in writing
(including electronically), or does not submit within 2 (two) Business Days,
the informal resolution will be considered final and binding.
If either of the Parties do not
wish to participate in the Informal Resolution prior to an adjudication by the
hearing panel, the Coordinator will schedule a hearing on the case not less
than 10 (ten) Business Days from the meeting to schedule the Live Hearing.
14. Step Six: Live
Hearing
a.
Live Hearings are administrative hearings and will
consist of a 4-person panel (1 non-voting chair and 3 voting hearing panel
members) The panel will consist of faculty and/or staff. A decision will be
reached based on majority vote.
b.
Live Hearings will be conducted with all parties
physically present in the same geographic location or, at the University’s
discretion, any or all parties, witnesses, and other participants may appear at
the Live Hearing virtually, with technology enabling participants
simultaneously to see and hear each other.
c.
The University must create an audio or audiovisual
recording, or transcript, of any Live Hearing and make it available to the
parties for inspection and review.
d.
The Standard of Evidence is Preponderance of Evidence
throughout the Title IX Process including Live Hearings.
e.
Cross-examination is allowed with specific rules.
i.
Decision-maker(s) (Hearing Panel members) may consider
statements made by the parties and witnesses during the investigation, emails
or text exchanges between the parties leading up to the alleged sexual
harassment, and statements about the alleged sexual harassment that satisfy the
regulation’s relevance rules, regardless of whether the parties or witnesses
submit to cross-examination at the live hearing. The Decision-maker can also
consider police reports, Sexual Assault Nurse Examiner documents, medical
reports, and other documents even if those documents contain statements of a
party or witness who is not cross-examined at the live hearing.
ii.
Such cross-examination at the Live Hearing must be
conducted directly, orally, and in real time by the Party’s Advisor of choice
and never by a Party personally, notwithstanding the discretion of the
University under Sec. 106.45 (b)(5)(iv) to otherwise restrict the extent to
which Advisors may participate in the proceedings. Other than
cross-examination, Advisers may not participate in the hearing and may only
communicate with the Party whom they advise in the case through whispers or
written word.
iii.
If a Party does not have an Advisor present at the Live
Hearing, the University must provide without fee or charge to that Party, an
Advisor of the University’s s choice, who may be, but is not required to be, an
attorney, to conduct cross-examination on behalf of that Party [§106.45 (b)(6)
(i)]
iv.
Only relevant cross-examination and other questions may
be asked of a Party or witness as determined by the hearing panel chair.
v.
Before a Complainant, a Respondent, or a witness
answers a cross- examination or other question, the decision-maker(s) must
first determine whether the question is relevant and explain any decision to
exclude a question as not relevant.
vi.
Questions and evidence about the Complainant’s sexual
predisposition or prior sexual behavior are not relevant, unless such questions
and evidence about the Complainant’s prior sexual behavior are offered to prove
that someone other than the Respondent committed the conduct alleged by the
Complainant, or if the questions and evidence concern specific incidents of the
Complainant’s prior sexual behavior with respect to the Respondent and are
offered to prove consent.
f.
Each Party will receive written notification of the
outcome of the Live Hearing. The notification will include the following
elements:
i.
Determination of responsibility including
identification of the allegations which constitute sexual harassment.
ii.
Procedural steps taken from the receipt of the Formal
Complaint through the determination including notifications to the Parties,
interviews with the Parties, witnesses, site visits, and methods used to gather
information.
iii.
Findings of fact supporting the determination
iv.
Conclusions regarding the application of the
University’s code of conduct to the facts
v.
A statement of, and rationale for, the result as to
each allegation, including a determination regarding responsibility, any
disciplinary sanctions the University imposes on the Respondent, and whether
remedies designed to restore or preserve equal access to the University’s
education program or activity will be provided by the University to the
Complainant.
vi.
Description of permissible procedures for appeal
15. Order and rules for Live Hearing
a.
Introduction
i.
Introduction of all Parties, including: Complainant,
Respondent, Witnesses, Advisors, Investigators, Hearing Panel, and any Title IX
staff.
ii.
Review of Procedures and reminders about appropriate
decorum of those present
b.
Presentation of the Final Investigative Report
i.
Investigator presents the Final Investigative Report
ii.
Questions by Hearing Panel of the Investigator
iii.
Questions by Complainant of the Investigator
iv.
Questions by the Respondent of the Investigator
c.
Presentation of Complainant’s Case
i.
Opening Statement by Complainant
ii.
Questions by the Hearing Panel of Complainant.
iii.
Cross-examination of Complainant by Respondent’s
Advisor. All cross- examination questions must be approved by Hearing Panel
chair prior to answering.
iv.
Statement of Complainant’s Witnesses
v.
Questions by the Hearing Panel of Complainant’s
Witnesses.
vi.
Cross-examination of witnesses by Respondent’s Advisor.
All cross- examination questions must be approved by Hearing Panel Chair prior
to answering.
d.
Presentation of Respondent’s Case
i.
Opening Statement by Respondent
ii.
Questions by Hearing Panel of Respondent.
iii.
Cross-examination of Respondent by Complainant’s
Advisor. All cross- examination questions must be approved by Hearing Panel
chair prior to answering.
iv.
Statement of Respondent’s Witnesses
v.
Questions by the Hearing Panel of Respondent’s
Witnesses
vi.
Cross-examination of witnesses by Complainant’s
Advisor. All cross- examination questions must be approved by Hearing Panel
Chair prior to answering.
e.
Closing
i.
Each Party makes closing statements.
1.
Complainant
2.
Respondent
ii.
Final questions, if any, by the Hearing Panel.
iii.
Final remarks by Hearing Panel concerning process
f.
All parties except for Hearing Panel are dismissed.
g.
Hearing panel deliberates in private.
h.
Hearing Panel informs the Title IX Coordinator of the
determination within 3 (three) Business Days and provides rationale as
described above for elements required in the notification to the Parties.
Either Party may appeal the
decision within 5 (five) business Days of the decision. The section below
outlines the Appeals Process.
16. Step Seven:
Appeals
Either the Complainant or the
Respondent or may appeal the decision of the Hearing Panel within 5 (five)
Business Days of the receipt of the decision. Appeals must be in writing and
based on one of the following grounds for appeal and the grounds for appeal
must be specifically stated in the written appeal.
Grounds for Appeal:
a.
New evidence that was not reasonably available at the
time of the determination regarding responsibility or dismissal was made, that
could affect the outcome of the matter;
b.
Procedural irregularity that affected the outcome of
the matter; or
c.
The Title IX Coordinator, investigator(s), or
decision-maker(s) had a conflict of interest or bias for or against the
Complainants or the Respondents generally or the individual Complainant or
Respondent that affected the outcome of the matter.
An appeal is not to rehear the
case, but to review whether any of the above, if present, influenced the
outcome of the case.
Appeals for cases arising under
this Policy will be heard by an Appeals Officer. The Coordinator will receive
the written materials and send to the Appellate Officer, Dr. Tony Frye.
The Appeals Officer will have
access to all documents including, but not limited to:
a.
Recordings, both audio and video
b.
Communications, including electronic and non-electronic
written documents
c.
Reports
d.
Responses to reports
e.
Addenda
f.
Other documents associated with the case that are not
made or maintained by a physician, psychiatrist, psychologist, or other
recognized professional or paraprofessional acting in the professional’s or
paraprofessional’s capacity, or assisting in that capacity, and which are made
and maintained in connection with the provision of treatment to the Party,
unless the University obtains that Party’s voluntary, written consent
If the Appeals Officer
determines that a ground for appeal is substantiated, the case will be returned
to the Coordinator. Otherwise, the decision of the hearing panel stands.
When a case is returned to the
Coordinator, the Coordinator may:
a.
Decide to drop the case (e.g., based on insufficient
information to believe that a policy violation may have occurred), or
b.
Send the case to the original hearing panel for
reconsideration, or
c.
Send the case to a new hearing panel with the same or
different charges, and/or (re)implement any aspect of the disciplinary process.
When a case is sent back for a new hearing, it is possible that a different
decision (i.e., the decision of responsibility and/or sanctions) may
subsequently result.
17. Sanctions
The following are possible
sanctions which may be assigned after a finding of Responsibility. This list is
not exhaustive and may be modified to meet the particular circumstances of any
given case.
a.
Expulsion: Permanent severance of the student's
relationship with the University. This severance includes being barred from
campus.
b.
Disciplinary Suspension: Temporary severance of the
student's relationship with the University for a specified period of time. This
may include the student being barred from campus.
c.
Limited Suspension: A student may be denied certain
privileges for a specified period of time. These privileges may include, but
are not limited to, class attendance, housing, parking on campus, participation
in extracurricular activities, ID card privileges, access to institutional
facilities, and access to the campus.
d.
Disciplinary Probation: Notice to the student that any
further, major disciplinary violation may result in suspension. Disciplinary
probation might also include one or more of the following: the setting of
restrictions or the issuing of a reprimand.
e.
Reprimand (either oral or written.)
f.
Counseling: The committee may require that a Respondent
participate in counseling with the campus counselor for issues including, but
not limited to, anger management, substance abuse, and extenuating personal
circumstances. The Counselor may confirm participation, but not the content of
the meetings.
g.
Work assignment changed
h.
Referral to Human Resources or Academic Affairs for
employment action
18. Record Keeping
Title IX Records will be
maintained for 7 (seven) years [See §106.45 (b)(10)] and in accordance with the
University’s Records Retention Policy. Title IX records include:
a.
Investigations
b.
Determinations
c.
Recordings
d.
Transcripts
e.
Sanctions
f.
Remedies
g.
Appeals
h.
Informal Resolutions
i.
Training Materials